Teran v. Commissioner of Social Security

MEMORANDUM

Jennifer Teran appeals the district court’s order denying her motion for attorneys’ fees under the Equal Access to Justice Act (“EAJA”) in her action for judicial review of the Commissioner of Social Security’s denial of her application for disability insurance benefits under Title II of the Social Security Act. Teran sought attorneys’ fees after this court issued a memorandum disposition reversing the district court’s judgment and remanding with instructions for the district court to remand to the Commissioner for determination of onset date and award of benefits. See Teran v. Astrue, 499 Fed.Appx. 660, 663 (9th Cir. Nov.20, 2012). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s order denying a motion for attorneys’ fees under EAJA for an abuse of discretion. Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir.2014).

EAJA provides that in a Social Security case, a court shall award attorneys’ fees to a prevailing party other than the United States “unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. § 2412 (d)(1)(A); Tobeler, 749…